Mar 31-Apr 1, 2008Export & Licensing Requirements for Space-Based Programs 1 Instruments for Space...

Mar 31-Apr 1, 2008 Export & Licensing Requirements for Space-Based Programs

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Instruments for Space Research - Fundamental Research

Washington, D.C.

Mitch GoodkinAssistant General Counsel

Special Counsel to Division of Research Development and Administration

University of Michigan


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Instruments for Space Research

In a fundamental research project, when do participation constraints kick in with respect to instruments for space research?


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Note Distinctions:• Instrument is the research

-New instrument technology

-Need known targets to detect/measure• Instrument for research support

-Known/proven instrument technology

-High probability instrument will work

-Unknown quantities to detect/measure


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ITAR Issues:• Defense Services for foreign participants

(Activities)-Even if using publicly available information

• Technology export to foreign participants - Actual and Deemed (Information)

-Public Domain Exclusions -Fundamental Research results-Other publicly available information


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Fundamental Research:-Basic and Applied-At accredited institution of higher learning-In the U.S.-Resulting information

-ordinarily published and shared broadly-within the scientific community


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Case: Field Emitter Array (FEA) Project-Evaluate field emitter array technology for

charge stabilization in spacecraft environment

-Foreign students, including PRC-Design & build devices to test in space-Design & build instruments to do testing-No restrictions on publication; expected to

publish


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FEA Case continued:

Demonstrate ability of FEAs to

-Move charge away from spacecraft

-Operate in ionosphere & in presence of shuttle out-gassing & effluents


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FEA Case: Instruments• Control & monitor FEAs• Monitor ambient plasma conditions to

-evaluate effect of plasma on FEA emissions-evaluate effect of FEA emissions on plasma


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FEA Case:-Opinion request to DOS re defense

services-Info supplied to DOS included that doing

instruments-DOS opinion: Fundamental Research, no

violation and no license required


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FEA Case:• New USML technology for space use• Known instrument technology• No apparent reason opinion would not apply

to any item on USML• Alternate opinion would make FR exclusion

essentially meaningless

See: Goodkin, Mitchell A., “Under the International Traffic in Arms Regulations, Fundamental Research Overrides Defense Services,” The Journal of College and University Law, Vol. 33, No. 1, p. 179.


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Participant constraints if FR Project• Instrument for research project• Deemed export - No (Public info &/or FEA case)• Defense service - No (FEA Case)

• Instrument is the research• Deemed export - No (results of FR)• Defense Service - No (FEA Case)


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Loose Ends - what/how much:

• Public Domain - Already known• Fundamental Research -Ordinarily published

Perhaps borrow from patent law


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Already known --- Obvious• Consider known if as a whole the technology

is obvious to someone of ordinary skill in the art

• Include combining known elements-Sensor + readout-Existing lab technology, beefed up for space


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FR publication needed? - Enabling

• Describe enough to enable someone of ordinary skill in the art to implement the instrument for the space application without undue experimentation

• May be enough to just state type of instrument - voltmeter, gamma detector.

Mar 31-Apr 1, 2008Export & Licensing Requirements for Space-Based Programs 1 Instruments for Space...

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